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The H2B program under attack, again
29 May, 2009 By: Sandy Munley LM Direct!When the House Oversight and Government Reform’s Domestic Policy Subcommittee held their hearing titled "The H-2B Guestworker Program and Improving the Department of Labor’s Enforcement of the Right’s of Guestworkers" on Thursday, April 23 in the Rayburn House Office Building, they did not hear from a balanced group of witnesses that could provide both sides of the issue.
This hearing's purpose was to look at the H-2B Guestworker Program, focusing on the Department of Labor’s role in overseeing and enforcing labor rights of Guestworkers who come to work in the United States legally through the H-2B visa program.
Being the Executive Director of the Ohio Landscape Association and working very closely with my 80+ members that use the H2B program, I requested to be a witness to speak on behalf of employers using the program when I learned of the hearing. I have been extremely active for several years on the legislative front regarding H2B and have partnered with both Save Small Business and PLANET regarding H2B efforts.
I faxed a request to the office of the Subcommittee's chairperson, Rep. Dennis Kucinich (D-OH). After an exchange of phone calls and emails, I was told that my request was denied at 6 p.m. the night before the hearing. Unable to testify, I watched the hearing on the Internet.
There were two panels of witnesses which consisted of:
Panel 1
- Mr. Aby Karickathara Raju, Former H-2B Guestworker from India for Signal International LLC, Member of the Alliance of Guestworkers for Dignity
- Mr. Miguel Angel Jovel Lopez, Former H-2B Guestworker from El Salvador for Cumberland Environmental Resources, Co., Member of the Alliance of Guestworkers for Dignity
- Mr. Daniel Castellanos-Contreras, Former H-2B Guestworker from Peru for Decatur Hotels LLC, Organizer and Founding Member of the Alliance of Guestworkers for Dignity
Panel 2
- Mr. Saket Soni, Executive Director, New Orleans Workers’ Center for Racial Justice
- Ms. Mary Bauer, Director, Immigrant Justice Project, Southern Poverty Law Center
- Ms. Catherine Ruckelshaus, Legal Co-Director, National Employment Law Project
- Professor Patrick A. McLaughlin, Ph.D, Mercatus Center at George Mason University
None of the witnesses were employers or someone who could represent reputable employers who use the Guestworker Program. It was also disturbing that none of the witnesses were Guestworkers that had a favorable experience.
The panelists focused their testimony on the few cases where foreign agents and US employers did not follow the law under the H-2B program. I am certain that the Guestworkers that testified were telling the truth about their unfortunate experience, but based on my knowledge, these cases are the exception and not the rule.
Many of my members in Ohio use the H2B program and treat their Guestworkers very well. Actually I have witnessed that most Guestworkers in the landscape industry return year after year to the same employer, and have invited family and friends to work with that same employer. Why would they do that if they were treated unfairly? Additionally, there are provisions currently in the law that allow a guestworker to change employers if they are unhappy.
The testimony from the witnesses representing the various organizations stated that abuse of the program is widespread and that the program is severely flawed. Blanket statements such as these should only be permissible or given credence when there is an opportunity to hear from both sides.
Abuse against foreign workers is wrong and should not be tolerated. However, there are regulations currently in place to protect Guestworkers. It is our government’s responsibility to enforce these regulations
All government programs suffer from abuse. Nevertheless, we do not do away with these programs. Equally, the H2B program should not be closed or severely altered to the point that it becomes unusable. The existing process is fair and well thought through, although lengthy and quite expensive.
The H2B program helps to save full-time, year-round jobs held by Americans by supplementing the workforce with seasonal, temporary workers. Americans do not want these seasonal jobs. How can companies run a business and continue to employ full-time American staff when they cannot find enough Americans who are ready and willing to fill empty seasonal temporary positions?
The H2B application and certification process safeguards that employers have tried every avenue to hire local American workers, before qualifying to use the H2B Program.
I have been informed that this was only the first in a series of hearings on H2B. I trust that the future hearings will provide a balanced and fair representation of all stakeholders.
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